Elder Law

While estate planning focuses primarily on the transfer of assets after death, elder law addresses the legal challenges that arise during a person's lifetime as they age. Elder law covers issues like long-term care planning, Medicaid eligibility, guardianship, protection from abuse and exploitation, and navigating the healthcare system. There is significant overlap — both fields involve powers of attorney, trusts, and advance directives — but elder law is specifically concerned with the practical, day-to-day legal needs of aging adults and their families. Many of our clients in the McKinney, Frisco, and Plano area benefit from both estate planning and elder law services working together.

The cost of obtaining a guardianship in Texas varies depending on complexity, but families should generally expect to spend between $3,000 and $8,000 or more in attorney fees, plus court costs, the cost of a court-appointed attorney ad litem (required to represent the proposed ward's interests), and potentially the cost of a guardian ad litem. Contested guardianships — where family members disagree about who should serve as guardian or whether guardianship is necessary — can cost significantly more. Additionally, Texas courts require guardians to post a bond and file annual reports, which carry ongoing costs. This is one of the key reasons we encourage families to execute durable powers of attorney early, before incapacity makes guardianship the only option.

Yes, but the strategies available depend heavily on timing. If your parents begin planning years before care is needed, a wider range of tools is available — including irrevocable trusts, strategic gifting, and asset repositioning — that can preserve significant family wealth while maintaining Medicaid eligibility. If a parent already needs nursing home care or will need it within the next five years, options are more limited due to Medicaid's five-year look-back period, but strategies still exist to protect the community spouse's assets and income. Texas allows a Community Spouse Resource Allowance that can protect a meaningful portion of marital assets. An elder law attorney can evaluate your specific situation and develop a plan tailored to your family's timeline and resources.

A supported decision-making agreement (SDMA) is a legal alternative to guardianship established under Chapter 1357 of the Texas Estates Code. It allows an adult with a disability or cognitive impairment to designate trusted supporters who help them make decisions about daily life, healthcare, and finances — without removing the individual's legal rights. The person retains decision-making authority and simply receives assistance in understanding and communicating their choices. Texas was one of the first states to enact SDMA legislation, and courts are required to consider whether an SDMA or other less restrictive alternative would be appropriate before granting a guardianship. This is an important tool for families seeking to support a loved one's independence while still providing meaningful help.

If your parent lacks the mental capacity to sign a power of attorney, the document cannot be legally executed. In this situation, the only option to obtain legal authority over your parent's medical and financial decisions is to petition the court for a guardianship. Under the Texas Estates Code, this requires filing an application, providing medical evidence of incapacity, attending a court hearing, and having the court appoint a guardian. The process typically takes 60 to 90 days and costs several thousand dollars. Once appointed, the guardian must report to the court annually and may need court approval for certain transactions. This scenario underscores the critical importance of executing powers of attorney while your parent still has capacity.

Yes. Texas Medicaid imposes a five-year look-back period for transfers of assets made for less than fair market value. When someone applies for Medicaid to cover long-term nursing home care, the state reviews all financial transactions from the previous 60 months. If assets were transferred — through gifts, transfers to family members, or certain trust transactions — during that period, Medicaid may impose a penalty period during which the applicant is ineligible for benefits. The length of the penalty depends on the value of the transferred assets divided by the average monthly cost of nursing home care in Texas. This is why proactive Medicaid planning should ideally begin at least five years before care is anticipated, though strategies exist to address transfers made within the look-back window.

If you suspect an elderly person is being abused, neglected, or financially exploited, you can report it to the Texas Department of Family and Protective Services (DFPS) by calling the Texas Abuse Hotline at 1-800-252-5400, available 24 hours a day, seven days a week. You can also file a report online through the DFPS website. Under the Texas Human Resources Code, certain professionals — including healthcare workers, clergy, and financial institution employees — are mandatory reporters. If you believe someone is in immediate danger, call 911. In addition to reporting, consulting an elder law attorney can help you take legal action to protect the senior, such as obtaining a protective order, revoking a misused power of attorney, or pursuing civil recovery of stolen assets.

Willingham Law Group provides elder law services to families throughout the Dallas-Fort Worth metroplex, including McKinney, Frisco, Plano, Allen, Dallas, Fort Worth, Denton, Southlake, and surrounding communities. We handle matters in Collin County, Denton County, Dallas County, Tarrant County, and other North Texas counties. Our office is conveniently located for families in the northern DFW corridor, and we offer consultations to help families at any stage — whether you are planning ahead or responding to an urgent situation involving a senior loved one.